SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (6)

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CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 25-6030 TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND ROSEWOOD AVENUE • within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of it remains in dispute, the public entity must provide a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed • any payment due on the undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement • any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally • if mediation is not successful, the parts of the claim remaining in dispute become subject to applicable procedures outside of the statute(for example, litigation or arbitration) 9-2 PUBLIC CONTRACT CODE SECTION 9204 Any claims made by contractor relating to this project will be governed by Public Contract Code Section 9204, as appearing in full below: (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A)A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B)Payment by the public entity of money or damages arising from work done by, or on behalf of,the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C)Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. 21